The difference between the ECHR and the EU Charter of Fundamental Rights
What is the difference between the European Convention on Human Rights (ECHR) and the EU Charter of Fundamental Rights? There are several differences: - The EU Charter of Fundamental Rights is an instrument of the European Union. It is applicable only to EU member states. The European Convention on Human Rights, on the other hand, is an instrument of the Council of Europe. The Council of Europe is an international organisation with 47 member states, among them non-EU member states such as Russia or Turkey. - The EU Charter of Fundamental Rights enshrines rights which are not guaranteed in the ECHR, such as the right to asylum or the right to data protection (the latter is not expressly governed in the ECHR, although there is vast jurisprudence on issues of data protection on the basis of article 8 ECHR - The EU Charter of Fundamental Rights applies only if states operate in an area governed by EU law. The ECHR applies to all actions or omissions by a state within its jurisdiction. - There is a specific court mandated to control the observance of the European Convention on Human Rights. Individuals who feel that one of their rights under the ECHR has been violated can take the case to the European Court of Human Rights. There is no international court to which individuals can apply directly regarding their rights under the EU Charter of Fundamental Rights. - There are also linkages. The EU Charter of Fundamental Rights expressly states that the ECHR provides a minimum standard.
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